ANNUAL
REPORT OF THE INTER-AMERICAN COMMISSION
ON HUMAN RIGHTS 1987-1988

RESOLUTION NO. 8/88

CASE 9502

PERU

24 March 1988

BACKGROUND:

1.In a letter of 18 February 1985, the following complaint was made to the
Inter-American Commission on Human Rights:

Nemesio Ccenta Aquino, 31 years old, married, was
arrested at 4:00 a.m. on 20 July 1984, at Tambillo, Guayacondo, by a group
wearing civilian clothes and riding in a military vehicle.

The corpse was found on 25 July 1984, four
kilometers from Guayacondo.

2.In a note of 28 March 1985, the Inter-American Commission on Human Rights
transmitted the pertinent parts of the complaint to the Government of Peru with
a request for information on the facts referred to in that letter, and for any
data that might indicate whether in the case in hand the domestic remedies had
been exhausted.

3.In a note of 26 March 1986, the Government of Peru supplied information
on this and other cases, stating that they had been the subject of “a similar
inquiry from the Working Group on Enforced or Involuntary Disappearances of the
United Nations Commission on Human Rights, which now regards some of them as
cleared up.”

4.In keeping with the Regulations procedure for petitions and complaints,
the Commission sent the complainant the information from the Government of Peru
for observations and comments.In a
letter of 12 August 1986, the complainant presented observations of substance,
which were submitted in turn to the Government of Peru with the note of October
15 1986, requesting that all reports on the case be supplied within 30 days.

5.This request for information was repeated in notes of 1 May 1986, and 12
January 1987, in which the Commission advised that, failing receipt of the
information requested, it would move to consider the possibility of applying
Article 42 of its Regulations.

6.These notes having elicited no reply, the Inter-American Commission on
Human Rights once again repeated its request for information on 23 June 1987.

7.In the absence of any reply to these communications, the Commission
repeated yet again its request for information in a note of 12 August 1987.

CONSIDERING:

a.That, despite the time that has elapsed and the repeated and fruitless
efforts of the Commission, the Government of Peru has not provided a reply on
the present case, nor has it sought an extension of time for forwarding the
requested information;

b.That, in its action on the complaint in this case, and despite its
failure to receive any acknowledgement for its many communications to the
Government of Peru, the Commission granted new extensions and deadlines so as
not to restrict the right of reply of the Government complained against;

c.That the Government of Peru, while not challenging the facts, has
confined itself to objecting to the Commission’s competence on the argument
that the case has been examined in the Working Group on Enforced or Involuntary
Disappearances of the United Nations Commission on Human Rights, “which now
regards some of them as cleared up”;

d.That the Inter-American Commission on Human Rights has no information on
which to establish that the situation of Nemesio Ccenta Aquino has been cleared
by the Working Group on Enforced or Involuntary Disappearances of the United
Nations Commission on Human Rights;

e.That, in the judgment of the Inter-American Commission on Human Rights,
it should refrain from considering the present case only if it is pending
settlement in another proceeding in an inter-governmental organization of which
Peru is a member and that proceeding is substantially a replication of a
petition outstanding or already examined and resolved by the Commission or some
other inter-governmental organization of which Peru is a member;

f.That, on the other hand, the Commission should refrain from considering
the case if a proceeding in progress in another organization is confined to a
consideration of the general human rights situation in the country, and no
decision has been reached in the specific facts concerning which the petition
has been submitted to the Commission, or the decision does not lead to a real
settlement of the violation charged;

g.That, in keeping with the relevant resolutions of the United Nations
Human Rights Commission, and particularly with its resolution 20 (XXVI) of 29
February 1980, it is not in the competence of the Working Group on Enforced or
Involuntary Disappearances to decide on the specific facts alleged in the
present case;

h.That, in consequence, the Inter-American Commission on Human Rights is
not barred by either its Regulations or under the American Convention on Human
Rights from considering the present case.

i.That in resolution 666 (XIII-0/83) and resolution 742 (XIV-O/84) the
General Assembly of the Organization of American States declared that “the
practice of the forced disappearance of persons is an affront to the conscience
of the Hemisphere and constitutes a crime against humanity.”

j.That Article 42 of the Commission’s Regulations establishes that:

The facts reported in the petition whose pertinent
parts have been transmitted tot he Government of the State in reference shall be
presumed to be true if, during the maximum period set by the Commission under
the provisions of Article 34, paragraph 5, the Government has not provided the
pertinent information, as long as other evidence does not lead to a different
conclusion.

THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLVES:

1.To presume true the facts charged in the communication of 18 February
1985, concerning the death of Nemesio Ccenta Aquino while in the custody of
members of a group wearing civilian clothes and riding in a military vehicle.

2.To observe to the Government of Peru that these facts constitute
extremely serious violations of Article 4 (right to life) of the American
Convention on Human Rights.

3.To recommend to the Government of Peru that it launch a thorough and
impartial investigation to identify the perpetrators of the acts charged, punish
them in accordance with the Peruvian law, and inform the Commission within 60
days of the action taken to implement that recommendations contained herein.

4.To transmit this resolution to the Government of Peru.

5.If the Government of Peru does not present information on the action
taken within 60 days, the Commission, pursuant to Article 63, paragraph g, of
its Regulations, will include this resolution in its Annual Report to the
General Assembly of the Organization of American States.